FL S. Ct. ADR & MEAC Vacancies

For those inclined to stay up on the very latest in our profession, the Florida Dispute Resolution Center (DRC) is currently accepting applications for six member appointments to the Florida Supreme Court's Alternative Dispute Resolution (ADR) Rules and Policy Committee. The committee provides the court with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, model ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. The committee consists of 17 volunteer members and may include mediation trainers, Florida Supreme Court certified mediators, arbitrators, trial court administrators, parenting coordinators, attorneys, and judges. Terms are staggered and no member shall serve more than nine years. Additionally, the Mediator Ethics Advisory Committee (MEAC) is a nine member body that issues written advisory ethics opinions for mediators subject to the Florida Rules for Certified and Court-Appointed Mediators. MEAC is accepting applications for three vacancies of four year terms as follows: One certified mediator from the Northern Division encompassing the First, Second, Third, Eighth and Fourteenth judicial circuits; One certified mediator from the Central Division encompassing the Fifth, Seventh, Ninth, Tenth, Eighteenth and Nineteenth judicial circuits; and One certified mediator from the Southwest encompassing the Sixth, Twelfth, Thirteenth, and Twentieth judicial circuits. Applicants shall not also serve on the Mediator Qualifications and Discipline Review Board. These appointments are made by the Chief Justice of the Supreme Court of Florida based upon competence, specialized knowledge, experience in ADR processes, and a commitment to the time necessary to be an active contributor. If interested in serving on either committee, a letter of interest with current résumé should be submitted by April 15, 2021 to DRCmail@flcourts.org

 

Important Posts Need Appointees

The Florida Dispute Resolution Center or DRC is currently accepting applications for new member appointments to the Alternative Dispute Resolution Rules and Policy Committee and the Mediator Ethics Advisory Committee, known as MEAC.

The ADR Rules and Policy committee provides the Supreme Court of Florida with recommendations relating to ADR legislation, and all aspects of ADR policy and rules including, but not limited to, model ADR practices, mediator certification and renewal requirements, continuing education requirements, and mediation training program requirements. MEAC is a nine member body that issues written advisory ethics opinions for mediators subject to the Florida Rules for Certified and CourtAppointed Mediators. The DRC is currently accepting applications for the appointment of three certified mediators who hold any type of certification. Please submit a letter of interest and current résumé to: Florida Dispute Resolution Center Supreme Court Building 500 S. Duval Street Tallahassee, Florida 32399 Fax: (850) 922-9290 Email: DRCmail@flcourts.org Deadline: April 23, 2018. See more information at links here-- http://www.flcourts.org/core/fileparse.php/549/urlt/ADRRPVacancyNotice.pdf and http://www.flcourts.org/core/fileparse.php/549/urlt/MEACVacancyNotice.pdf and see MEAC opinions link here-- http://fladr.org/cle-events/meac-opinions/

MEAC's Latest on Reporting Settlements

Florida's Mediator Ethics Advisory Council (MEAC) recently considered an inquiry on reporting partial settlements. A mediator writes in that the inability to differentiate between a final and partial agreement on the face of the report as permitted by the mediation procedural rules has created an ethical dilemma in the need to report to the court the actual outcome of the mediation and the status of the case. The practitioner complains it is not only misleading to the court to report only "agreement" or "no agreement," it is also time consuming for the judges, judicial assistants or case managers to read every agreement to determine if it is final or partial agreement as opposed to being able to look at the report. MEAC found that in civil and family law cases only, with the consent of the parties, the mediator's report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement. To report anything additional without agreement of the parties, or add descriptors or modifiers to "agreement," "no agreement," or "partial agreement," would be providing information to the court, an action which is prohibited by the Mediation Confidentiality and Privilege Act, Sections 44.401-405, Florida Statutes. They did say, however, the rules do not restrict the parties from including in the written agreement their consent to the inclusion of additional language, descriptors, or modifiers in the mediator's report. See full advisory opinion here-- http://bit.ly/2j4YkZr

Comments Invited Following MEAC Rule Change

The Supreme Court of Florida recently adopted its Alternative Dispute Resolution Rules and Policy Committee's proposed amendments to Rule 10.910 of the Florida Rules for Certified and Court-Appointed Mediators regarding composition of the Mediator Ethics Advisory Committee (MEAC). The Committee’s petition follows another recent opinion adopting changes, In re: amendments to the Florida Rules for Certified & Court-Appointed Mediators, 202 So. 3d 795 (Fla. 2016). New Rule 10.910(b) (Appointment) provides membership of MEAC shall be composed of nine members, two from each of the four divisions of the Mediator Qualifications and Discipline Review Board (MQDRB), and one member from any of the four divisions. Additionally, Rule 10.910(c) (Membership and Terms) now requires that the membership of MEAC shall include one county mediator, one family mediator, one circuit mediator, one dependency mediator, one appellate mediator, and four additional mediators who hold any type of Florida Supreme Court mediator certification. Finally, Rule 10.910(e) (Opinions) is amended to allow the Dispute Resolution Center greater latitude in publishing advisory opinions of MEAC. Because the amendments to Rules for Certified and Court-Appointed Mediators are effective immediately and were not published for comment prior to their adoption by the court, interested persons must now file any comments with the court on or before August 21, 2017, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair then has until September 11, 2017, to file a response to any comments filed with the court. See full opinion here-- http://www.floridasupremecourt.org/decisions/2017/sc17-935.pdf